INTRODUCTION In New York State, governmental oversight and enforcement functions play a major, and unique, role in the health care industry—both in terms of the amount of government funding at stake and the complex web of oversight and enforcement bodies. These functions help to ensure that consumers have appropriate access to high-quality health care, and … Continued

Hello Colleagues, Welcome to this Special Edition of the Health Law Journal! It began with an idea: to recognize Assemblymember Richard Gottfried, New York’s longest serving legislator, on the eve of his retirement from the Legislature. For 35 of his 52 years in office, Dick Gottfried had chaired the Assembly Health Committee, and in that role … Continued

Thank You, Melissa The editor, the Barclay Damon team and NYSBA wish to thank Melissa Zambri for her many years of service as the editor of this column. Melissa has thoughtfully edited this column since Fall 2010, and her many years of service to the State Bar’s Health Law Section are appreciated. Melissa is a … Continued

Second Circuit Upholds HHS Advisory Opinion That Pfizer’s Proposed Co-Pay Assistance Program for Medicare Beneficiaries Would Violate the Anti-Kickback Statute Pfizer, Inc. v. U.S. Dep’t of Health & Human Servs., 42 F.4th 67 (2d Cir. 2022) Pfizer, Inc. is the manufacturer of tafamidis, the only drug currently approved by the U.S. Food and Drug Administration … Continued

Notice of Expiration The following notice has expired and cannot be reconsidered unless the Office of Mental Health publishes a new notice of proposed rulemaking in the NYS Register: COVID-19 Masking Program: I.D. No. OMH-40-21-00007-EP. Proposed Date: October 06, 2021. Expiration Date: October 06, 2022. See N.Y. Register October 26, 2022. Notice of Expiration The following notice … Continued

The 2023 legislative session started with several significant changes from the prior year, which are anticipated to have an impact on both the State Budget process and approach to the legislative session. While there was no change at the gubernatorial level, the 2023 session represents Governor Kathy Hochul’s first year under a four-year term as … Continued

A compendium of citations to recent topics published in health law journals 50 Years After Willowbrook: Mental Disabilities and the Law in New York, Sheila E. Shea & Joseph A. Glazer, N.Y. St. B.J., at 17 (January/February 2023) A Delicate Balance: Rethinking the Physician’s Role in Physician Aid-in-Dying, Jaclyn Warwick, 12 UC Irvine L. Rev. … Continued

On November 3, 2022, the Health Law Section hosted a retrospective on the work of Assemblyman Richard N. Gottfried, who retired after 52 years, 35 years of which have been spent as Chair of the Assembly Health Committee. Health care lawyers and industry leaders participated in a series of panels organized by subject matter, offering … Continued

Some of you may not know that since May 1, 2022, I was suddenly stricken with a serious illness that left me unable to use my legs and feet. Thus, I have subsequently been in either a hospital or hospital-like setting since May. The good news is that in late December 2022 through the early … Continued

I. Introduction Nearly 20 years ago in 2004, New York State Assemblymember Richard N. “Dick” Gottfried provided testimony2 supporting marriage equality. In the current political and social climate we confront today, his words have renewed resonance: “Stable family relationships help build a stronger society. For the welfare of the community and fairness to all New Yorkers, … Continued